An Act To Create Efficiencies in the Administration and Enforcement of the Maine Uniform Building and Energy Code

Sec. 1. 5 MRSA §948, sub-§1, ¶L,  as amended by PL 2009, c. 317, Pt. A, §1, is further amended to read:

Sec. 2. 5 MRSA §948, sub-§1, ¶M,  as enacted by PL 2009, c. 317, Pt. A, §1, is amended to read:

Sec. 3. 5 MRSA §948, sub-§1, ¶N,  as enacted by PL 2009, c. 317, Pt. A, §1, is repealed.

Sec. 4. 10 MRSA §9042, sub-§3,  as amended by PL 2005, c. 344, §19, is further amended to read:

Sec. 5. 10 MRSA §9722, sub-§1,  as enacted by PL 2007, c. 699, §6, is amended to read:

Sec. 6. 10 MRSA §9723, sub-§2,  as enacted by PL 2007, c. 699, §6, is amended to read:

Sec. 7. 25 MRSA §2371, sub-§3,  as enacted by PL 2007, c. 699, §11, is repealed.

Sec. 8. 25 MRSA §2371, sub-§5-A  is enacted to read:

Sec. 9. 25 MRSA §2372,  as enacted by PL 2007, c. 699, §11, is amended to read:

§ 2372. Division of Building Codes and Standards

Sec. 10. 25 MRSA §2373, sub-§4,  as enacted by PL 2007, c. 699, §11, is amended to read:

Sec. 11. 25 MRSA §2374,  as amended by PL 2009, c. 213, Pt. M, §3, is further amended to read:

§ 2374. Uniform Building Codes and Standards Fund

The Uniform Building Codes and Standards Fund, referred to in this section as "the fund," is established within the Department of Public Safety to fund the activities of the bureau division under this chapter and the activities of the board under Title 10, chapter 1103 and the Executive Department, State Planning Office under Title 30-A, section 4451, subsection 3-A. Revenue for this fund is provided by the surcharge established by section 2450-A. The Department of Public Safety and the Executive Department, State Planning Office shall together determine an amount to be transferred annually from the fund for training and certification under Title 30-A, section 4451, subsection 3-A to the Maine Code Enforcement Training and Certification Fund established in Title 30-A, section 4451, subsection 3-B. Any balance of the fund may not lapse, but must be carried forward as a continuing account to be expended for the same purpose in the following fiscal year.

Sec. 12. 25 MRSA §2450-A,  as enacted by PL 2007, c. 699, §13, is amended to read:

§ 2450-A. Surcharge on plan review fee for Uniform Building Codes and Standards Fund

In addition to the fees established in section 2450, a surcharge of 4¢ per square foot of occupied space must be levied on the existing fee schedule for new construction, reconstruction, repairs, renovations or new use for the sole purpose of funding the activities of the Technical Building Codes and Standards Board with respect to the Maine Uniform Building and Energy Code, established pursuant to the Title 10, chapter 1103, the activities of the Bureau Division of Building Codes and Standards under chapter 314 and the activities of the Executive Department, State Planning Office under Title 30-A, section 4451, subsection 3-A, except that the fee for review of a plan for the renovation of a public school, including the fee established under section 2450, may not exceed $450. Revenue collected from this surcharge must be deposited into the Uniform Building Codes and Standards Fund established by section 2374.

Sec. 13. 25 MRSA §2901,  as amended by PL 2009, c. 317, Pt. E, §3, is further amended to read:

§ 2901. Department; commissioner

There is created and established the Department of Public Safety to coordinate and efficiently manage the law enforcement and public safety responsibilities of the State, to consist of the Commissioner of Public Safety, in this chapter called "commissioner," who is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over criminal justice matters and to confirmation by the Legislature, to serve at the pleasure of the Governor, and the following: the Bureau of State Police, the Office of the State Fire Marshal, the Maine Criminal Justice Academy, the Bureau of Highway Safety, the Maine Drug Enforcement Agency, Maine Emergency Medical Services, the Bureau of Capitol Security, the Bureau of Consolidated Emergency Communications , the Bureau of Building Codes and Standards and the Gambling Control Unit.

Sec. 14. 25 MRSA §2902, sub-§10,  as enacted by PL 2009, c. 317, Pt. E, §8, is amended to read:

Sec. 15. 25 MRSA §2902, sub-§11,  as enacted by PL 2009, c. 317, Pt. E, §9, is repealed.

Sec. 16. Report on transition; authority to report out a bill. No later than January 15, 2014, the Department of Public Safety, Office of the State Fire Marshal shall provide a report to the joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters that details the transition of the Technical Building Codes and Standards Board to the Office of the State Fire Marshal and that provides an update on the funding for the operation of the board and the training program for municipal building officials, local code enforcement officers and 3rd-party inspectors. The joint standing committee of the Legislature having jurisdiction over labor, commerce, research and economic development matters is authorized to report out a bill concerning the details of this report to the Second Regular Session of the 126th Legislature.

Sec. 17. Appropriations and allocations. The following appropriations and allocations are made.

PUBLIC SAFETY, DEPARTMENT OF

Bureau of Building Codes and Standards Z073

Initiative: Eliminates one Director, Bureau of Building Codes and Standards position.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(1.000)
Personal Services	$0	($89,895)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($89,895)

Bureau of Building Codes and Standards Z073

Initiative: Reallocates the cost of one Public Safety License Inspector Supervisor position from 100% Fire Marshal - Office program to 50% Fire Marshal - Office program and 50% Bureau of Building Codes and Standards program.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	0.500
Personal Services	$0	$48,795
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	$48,795

Fire Marshal - Office of 0327

Initiative: Reallocates the cost of one Public Safety License Inspector Supervisor position from 100% Fire Marshal - Office program to 50% Fire Marshal - Office program and 50% Bureau of Building Codes and Standards program.

OTHER SPECIAL REVENUE FUNDS	2011-12	2012-13
POSITIONS - LEGISLATIVE COUNT	0.000	(0.500)
Personal Services	$0	($48,795)
OTHER SPECIAL REVENUE FUNDS TOTAL	$0	($48,795)

PUBLIC SAFETY, DEPARTMENT OF
DEPARTMENT TOTALS	2011-12	2012-13
OTHER SPECIAL REVENUE FUNDS	$0	($89,895)
DEPARTMENT TOTAL - ALL FUNDS	$0	($89,895)